Legal Question in Real Estate Law in Georgia

Reimbursement from previous tenants

I recently had to evict tenants from my home who were under a ''Lease to Purchase'' agreement. I received a judgement in my favor and the tenants are leaving today. I conducted an inspection of the premises last night and discovered many deficiencies. There are burn marks and stains in the carpet, broken light fixtures, broken window fixtures, marks on the walls and holes in the linoleum kitchen flooring among other items too numerous to mention. They also owe me back rent and late fees to the tune of $2,230. I am wondering how I can attempt to recover the repairs to the house prior to my putting it back on the market for sale, and how I may recoup the back rent from them. I would like to file to garnish their wages (husband and/or wife). I don't know how to do this, but I think I must file in Small Claims Court. Please advise. Thank you.


Asked on 7/01/03, 9:59 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Reimbursement from previous tenants

It would cost you more in legal fees to garnish their wages, than it is worth in repairs. Your remedy is small claims court where you will obtain a judgment if you win, but they won't garnish. Then, the defendants may or may not eventually pay the judgment. Sometimes it is just better to take the loss and move on. Good luck.

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Answered on 7/01/03, 10:14 am


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